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  • In the Interest of D. J. F.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Atlanta, Jerry W. Caldwell, Jesup, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: W. Jefferson Hires Gordon and Hires, Jesup.
    Case Number: A04A1028

    Evidence that the father failed to establish any parental bond with his child or support her financially supported the termination of his parental r

  • Georgia State Bd. of Pardons and Paroles v. Finch

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Bruce M. Edenfield, Susan L. Rutherford Gray, Hedrick & Edenfield LLP, Atlanta, and Rita J. Llop, Special Assistant Attorney General, Eastman, for appellant.
    for defendant: W. Edward Meeks Jr., Leesburg, for appellee.
    Case Number: A04A1216

    Under the Georgia Tort Claims Act, the state was immune from a suit involving allegations that a probation officer had the plaintiff wrongfully arrested, coerced a woman into prosecuting unfounded c

  • White v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael E. White, Sparta, proceeded pro se. Paul L. Howard Jr., District Attorney, and Amira S. Arshad, Assistant District Attorney, Atlanta, for appellee. Other party representation: James C. Bonner Jr. Atlanta Indigent Defense Council, and Marcus C. Chamblee, Atlanta.
    for defendant:
    Case Number: A03A0406

    In order to be entitled to an out-of-time appeal, a defendant must only demonstrate that his failure to appeal was due to ineffective co

  • In the Interest of A. C. O.

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Dorothy R. Avera, Brunswick.
    Case Number: A04A1425

    The mother and the father's failure to maintain a relationship with their children, support their children, complete a parenting class or get counseling to deal with domestic violence and alcohol ab

  • Tap Room Inc. v. Peachtree-TSG Assocs. LLC

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Walter W. Furlong, Atlanta, for appellant.
    for defendant: Noel J. Cotney Jr. and John J. Wiles Wiles & Wiles, Marietta, for appellee.
    Case Number: A04A1053

    A letter from the landlord to its commercial tenant that it owed $27,000 in common area maintenance and water charges was not a final agreement on past due money owed, since the letter also referenc

  • Oduok v. Phillips

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Inyang P. Oduok, Savannah, proceeded pro se. Michelle L. Thomas DeKalb County Law Dept., Decatur, for appellees.
    for defendant:
    Case Number: A04A1595

    The trial had no jurisdiction over the plaintiff's civil rights and state law claims arising out of his allegedly wrongful arrest after the defendants filed a notice of removal to federal

  • Wilkes v. State

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1132

    The barely conscious defendant was unable to give or withhold consent to search when officers arrived at his home, so the co-owner of his home, his sister, had authority to consent on his b

  • Sandy Springs Toyota v. Classic Cadillac Atlanta Corp.

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: Stephen M. Forte and Shannan F. Oliver Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A04A1504

    The applicable statutes of limitation were not tolled because fraud was not alleged and the plaintiff could have discovered the defendant's error by reasonable diligence within the limitation pe

  • McRae v. White

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William P. Claxton and Darcy S. Duval Claxton & Claxton LLC, Atlanta, for appellant.
    for defendant: John D. Steel and John B. Briggs Matthews & Steel, Atlanta, for appellee.
    Case Number: A04A0914

    Personal injury complaint should have been dismissed for insufficient service of process under O.C.G.A. § 9-11-

  • Starr v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard E. Allen, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1454

    The defendant's child molestation conviction was reversed because the trial court improperly expressed an opinion on the evidence in its jury instruc